NEERU BATRA Vs. JASWINDER PAUL BATRA, USA

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel for the respondent Nos.1 to 3 as well as the learned counsel for the respondent No.5. Other respondents are not necessary parties for deciding the controversy which arises in this Appeal. By the order dated 10th September 2018, the parties were put to notice that the Appeal will be taken up for final disposal at admission stage.

(2.) By this Appeal, the appellant who is the first defendant has impugned the order dated 19th April 2018 passed by the learned Single Judge. The respondent Nos.1 to 3 are the original plaintiffs. For the sake of convenience, we are referring the parties as plaintiffs and defendants. The impugned order has been passed on Judge's Order taken by the appellantfirst defendant. The prayer in the Judge's Order was to issue a direction to the learned Prothonotary and Senior Master to issue witness summons (a letter of request) to one Ms Manjit Ananandani who is a resident of USA. There is an affidavit in support filed by the first defendant in support of the Judge's Order setting out the reasons as to why it is necessary to issue a witness summons/a letter of request to the said witness. By the impugned order, the learned Single Judge dismissed the Judge's Order. The reasons recorded by the learned Single Judge for dismissing the Judge's Order are mainly in paragraphs 3 to 5 which read thus:

(3.) In paragraph 2, the learned Single Judge noted that during course of the cross examination of the first plaintiff, he stated that he would be leading evidence of the said witness who happens to be his sister. The learned Judge also noted that the name of the same witness appears in the list of witnesses furnished by the plaintiffs but the plaintiffs did not call her as a witness.